Blue Cards
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With effect from 1 July 2023, the Czech Republic has transposed the European Directive on the conditions of entry and residence of third-country nationals for the purpose of highly-qualified employment into the Act on the Residence of Foreign Nationals in the Territory of the Czech Republic. The amendment to this act makes the system of blue cards more attractive, not only for third-country applicants but also for existing blue card holders. Many simplifications will also be welcomed by employers who are considering hiring qualified foreign workers.
What is a blue card?
A blue card entitles third-country nationals to long-term residence in the territory of the Czech Republic and to perform work that requires high qualifications.
High qualification means a duly completed university degree or higher vocational education of at least three years. Now, as an equivalent to the required education in the field of information and communication technologies, professional work experience can be demonstrated for positions belonging to Occupational Classification groups (CZ ISCO) 133 (managers in the field of information and communication technology services) and 23 (specialists in the field of information and communication technologies). When assessing the underlying documents, the Ministry of the Interior will only recognise at least three years of professional work experience acquired by the applicant during the seven years immediately preceding the submission of the application.
Who can apply for the blue card?
In addition to third-country nationals, persons with international protection (asylum seekers and holders of subsidiary protection) or persons who are family members of a citizen of the European Union residing in the Czech Republic can now apply for a blue card.
What are the changes application procedure?
The applicant for a blue card must submit the application at the Embassy of the Czech Republic. There is an exception to this obligation; for example, for asylum seekers or foreigners who are staying in the territory of the Czech Republic as holders of a blue card issued by another EU member state, provided they submit their application within one month from the date of their entry into the country.
The application for a blue card can be submitted only for the performance of a specific job position as listed in the central register of vacancies available to blue card holders (“Register”). The amendment to the Employment Act significantly accelerates the process of obtaining a blue card in this respect, a ‘labour market test’ is no longer required after the vacancy has been notified to the relevant Labour Office. As a result, the application for a blue card can now be submitted immediately after the position is published in the Register.
With the application must be enclosed an employment contract or a future employment contract that reflects the information on the position included in the Register. In addition to the statutory requirements, the contract must also include the amount of the agreed gross monthly or annual salary (at least CZK 60,529 or CZK 726,354, respectively) and the duration of the employment with the statutory weekly working hours (at least six months). The applicant must also provide documents evidencing their high qualifications, an extract from the criminal register issued by the applicant’s country of citizenship or, for example, proof of accommodation for the duration of their residency.
What to do upon arrival to the Czech Republic?
Foreigners whose application for a blue card has been approved are obliged to report to the authorities upon arrival in the Czech Republic and to provide biometric data for the production of the card. The deadline for fulfilling these obligations has been extended from three working days to thirty calendar days from the date of arrival.
Are there exceptions for holders of blue cards issued in other EU countries?
In order to enhance mobility within the European Union, the act provides more favourable rules for holders of blue cards issued in other EU countries. If an employee works abroad based on a blue card issued in this way, they do not have to provide a criminal record check with their application. In addition, if the employee has held a blue card for more than two years, when applying there is no need to enclose a document confirming their high qualifications.
Holders of a blue card issued in another EU country will also benefit from a significant reduction in the length of the procedure, from the standard 90 days to 30 days. Furthermore, even if there are delays in the procedure and the Ministry of the Interior has not issued a decision within the statutory period, such foreigners can be employed on the 30th day after the date of application.
How should one proceed in the event of a change of employment?
All blue card holders now have full access to the labour market, and so there is no longer any distinction according to the length of time they have held their blue cards. Thus, all foreigners must notify the Ministry of the Interior of a change or termination of their employment in the same manner, i.e., within three working days from the date of the change or termination.
How long are blue cards valid and can they be cancelled?
A blue card is valid for a period of three months longer than the duration of the employment contract, up to a maximum of three years. It can be renewed several times for up to three years each time.
The Ministry of the Interior cancels the validity of a blue card if the foreigner no longer meets the conditions for its issue, if they become unemployed for more than three months (if they have held the blue card for less than two years) or six months (if they have held the blue card for more than two years), if they have not notified the Ministry of the Interior of the termination of the employment or a change thereof within the statutory period, or if the employer does not meet the condition of debt-free status. In the latter case, the Ministry of the Interior notifies the employee and allows them to change their employer within three months, or six months if they have been employed based on a blue card for at least two years.
